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Title: Maldives Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
MALDIVES
The Republic of Maldives comprises 1,190 islands scattered across an
area 500 miles long by 75 miles wide in the Indian Ocean. The
population is about 245,000 persons. The Maldives has a parliamentary
form of government with a strong executive. The President appoints the
Cabinet, members of the judiciary, and one-sixth of the Parliament. The
President derives additional influence from his constitutional role as
the protector of Islam. Political parties are officially discouraged,
and candidates for the unicameral legislature, the Citizens' Majlis, run
as individuals. The Majlis selects a single presidential nominee who is
approved or rejected in a national referendum. The Majlis must approve
all legislation and can enact legislation without presidential approval.
Civil law is subordinate to Islamic law, but civil law is generally
applied in criminal and civil cases.
The National Security Service (NSS) performs its duties under effective
civilian control. The NSS includes the armed forces and police, and its
members serve in both police and military capacities during their
careers. The police division investigates crimes, collects
intelligence, makes arrests, and enforces house arrest.
Fishing, small-scale agriculture, and tourism provide employment for
over one-half the work force. Tourism accounts for over one-quarter of
government revenues and roughly 40 per cent of foreign exchange
receipts. Manufacturing accounts for 6 percent of gross domestic
product (GDP).
The Government restricts human rights in several areas, but the
political process has become more open in recent years. Political
groupings at odds with the Government have emerged in the Majlis, which
plays a more active political role. However, the President's power to
appoint a significant portion of the Parliament still constrains
citizens' ability to change their government. An easing of government
restrictions and creation of a Press Council has allowed a greater
diversity of views in the media, but the media engaged in considerable
self-censorship in the belief that the Government has limited tolerance
for criticism. The Government limits freedom of assembly and
association. In addition, important restrictions continued on the
freedom of religion, and women and workers faced continuing restraints
on the full exercise of their rights. Some of these restrictions are
linked to the Government's observance of Shari'a (Islamic law) and other
Islamic customs.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
There were no reports of beatings or other mistreatment of persons in
police custody. Convicted criminals may be flogged under judicial
supervision when this punishment is prescribed by Islamic law. However,
there were no reported floggings. Punishments are usually confined to
fines, compensatory payment, house arrest, imprisonment, or banishment
to a remote atoll. The Government generally permits those who are
banished to receive visits by family members.
Prison conditions, including food and prisoner housing, are adequate.
Prisoners are allowed to work in prison and given opportunity for
regular exercise and recreation. Spouses are allowed privacy during
visits with incarcerated partners. The Government has permitted prison
visits by foreign diplomats.
d. Arbitrary Arrest, Detention, or Exile
The Constitution states that no person shall be apprehended, except on a
verdict specified by Shari'a or civil law. Police initiate
investigations based on suspicion of criminal activity or in response to
written complaints from citizens, police officers, or government
officials. They are not required to obtain warrants for arrests. Based
on the results of police investigations, the Attorney General refers
cases to the appropriate court. The authorities generally keep the
details of a case confidential until they are confident that the charges
will be upheld.
Depending on the charges, a suspect may remain free, detained in prison,
or under house arrest for 15 days during investigations. The President
may extend pretrial detention for an additional 30 days, but in most
cases the suspect is released if not brought to trial within 15 days.
Those who are released pending trial may not leave a specific atoll.
The law, however, permits indefinite detention without charge for
suspects accused of drug abuse, terrorism, or attempted overthrow of the
Government. There is no right to legal counsel during police
interrogation. Nor is there any provision for bail.
The Government may prohibit access to a telephone and nonfamily visits
to those under house arrest. While there have been no reported cases of
incommunicado detention in recent years, the law does not provide
safeguards against this abuse.
The Government detained three individuals in April who in October
remained under house arrest without charge. One of the individuals had
previously been arrested, charged, and convicted for his writings in the
subsequently banned Magazine Sangu. The Government has offered no
reasons for their detention, noting only that the case is under
investigation. It is widely believed, however, that their detention is
the result of political differences with the Government rather than due
to any threat that the men--all of whom are elderly and well known
figures--pose to national security.
There were no reports of external exile. However, the Government
sometimes banishes citizens to remote atolls.
e. Denial of Fair Public Trial
The Constitution does not provide for an independent judiciary. The
judiciary is subject to executive influence. In addition to his
authority to review High Court decisions, the President influences the
judiciary through his power to appoint and dismiss judges, all of whom
serve at this pleasure and are not subject to confirmation by the
Majlis. The President has nevertheless removed only two judges since
1987. Both dismissals followed the recommendation of the Justice
Ministry which found the judges' professional qualifications to be below
standard. The President may also grant pardons and amnesties.
There are four summary courts, falling under the Ministry of Justice, on
the capital island, Male'. These summary courts adjudicate specialized
cases, such as debt, theft, or property claims. There is also a High
Court on Male', which is independent of the Justice Ministry and which
handles a wide range of cases, including politically sensitive ones, and
acts as a court of appeal. Under a 1995 presidential decree, High Court
rulings can be reviewed by a 5-member advisory council appointed by the
President. The President also has authority to affirm judgments of the
High Court, order a second hearing, or overturn the court's decision.
In addition to the Male' courts, there are 204 general courts on the
islands.
There are no jury trials. Most trials are public and are conducted by
judges and magistrates trained in Islamic, civil, and criminal law.
Cases on outer islands are usually adjudicated by magistrates, but when
more complex legal questions are involved, the Justice Ministry will
send more experienced judges to handle the case.
During a trial, the accused may defend himself, call witnesses, and be
assisted by a lawyer. Courts do not provide lawyers to indigent
defendants. Judges question the concerned parties and attempt to
establish the facts of a case.
Civil law is subordinate to Islamic law, or Shari'a. Shari'a is applied
in situations not covered by civil law as well as in certain acts such
as divorce and adultery. Courts adjudicating matrimonial and criminal
cases generally do not allow legal counsel in court because, according
to a local interpretation of Shari'a, all answers and submissions should
come directly from the parties involved. However, the High Court allows
legal counsel in all cases, including those in which the right to
counsel was denied in the lower court. Under Islamic practice, the
testimony of two women is required to equal that of one man in matters
involving finance and inheritance. In other cases the testimony of men
and women are equal.
There are some political prisoners, most of whom were associated with
Ilyas Ibrahim, the President's chief rival for the 1993 presidential
nomination. Eight Ilyas supporters were charged with involvement in the
antistate activities for which Ibrahim was convicted in absentia in
1993. They were brought to trial in early 1994, were convicted, and
sentenced to 7 years' banishment. The sentence was reduced to 1 year on
appeal and most had reportedly completed their sentences and been
released by year's end.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits security officials from opening or reading
letters, telegrams, and wireless messages or monitoring telephone
conversations, "except in accordance with the specific provisions of the
law." The NSS may open the mail of private citizens and monitor
telephone conversations if authorized in the course of a criminal
investigation.
Although the Constitution requires the authorities to respect private
premises and dwellings, there is no legal requirement for search or
arrest warrants. The Attorney General or a commanding officer of the
police must approve the search of private residences.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Citizens enjoyed greater freedom of speech and expression in 1995.
However, Law 4J/68 of 1968 still prohibits public statements that are
contrary to Islam, threaten the public order, or are libelous. In
September 1994, a court sentenced one person to 6 months imprisonment
for making false statements about the Government. The Penal Code
prohibits inciting the people against the Government. However, a 1990
amendment to the Penal Code decriminalized "any true account of any act
of commission or omission past or present by the Government in a
lawfully registered newspaper or magazine, so as to reveal
dissatisfaction or to effect its reform."
The Press Council established by the Government in 1994 is composed of
government and private media representatives, lawyers, and government
officials. It continues to oversee the press and protect the rights of
journalists. The Council has deferred efforts to draft a code of ethics
for journalistic activity, leaving that effort to the journalists
themselves. The Government has not amended regulations that make
publishers responsible for the content of the material they publish,
despite reports in 1994 that the regulations were under review and a
change was likely.
During the year there were no reports of government censorship of either
the print or electronic media, nor were there closures of any
publications or reports of arrests or intimidation of journalists.
Journalists, however, are widely believed to engage in self-censorship,
particularly on political topics, for fear that the Government will
retaliate against them.
Television news and public affairs programming routinely discussed
topics of current concern and freely criticized government performance.
Regular press conferences are conducted by government ministers.
The Government owns and operates the only television and radio station.
It does not interfere with foreign broadcasts or the sale of satellite
receivers. Reports drawn from foreign newscasts are aired on the
government television station. Cable News Network is shown, uncensored,
daily on local television.
Seventy-six newspapers and periodicals, 13 of which are government-
published, are registered with the Government. Aafathis, a morning
daily, is published by the brother of the President's principal
political rival, Ilyas Ibrahim, and is often critical of government
policy. An evening daily, Haveer, is published by one of the
President's supporters.
There are no legal prohibitions on the import of foreign publications
except those containing pornography or material otherwise deemed
objectionable to Islamic values. No seizures of foreign publications
were reported this year. There are no reported restrictions on academic
freedom, nor any governmental censorship or control over classroom
materials. Some teachers are reportedly vocal in their criticism of the
Government.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right to assembly, as long as the law
or the Islamic code of behavior are upheld. The Home Ministry permits
public political meetings during electoral campaigns but limits them to
small gatherings on private premises. The Government registers clubs
and other private associations if they do not contravene Islamic or
civil law. While not forbidden by law, political parties are officially
discouraged by the President on the grounds that they are inappropriate
to the homogeneous nature of society. However, there is an active and
outspoken opposition group within the Majlis that has stimulated closer
parliamentary examination of government policy.
c. Freedom of Religion
Freedom of religion is significantly restricted. The Constitution
designates Islam as the official religion and requires all citizens to
be Muslims. The practice of any religion other than Islam is prohibited
by law. However, foreign residents are allowed to practice their
religion if they do so privately.
There are no places of worship for adherents of other religions. The
Government prohibits the importation of icons and religious statues. It
also prohibits non-Muslim clergy and missionaries from proselytizing and
conducting public worship services. Conversion of a Muslim to another
faith is a violation of Shari'a and may result in a loss of the
convert's citizenship, although law enforcement authorities say this
provision has never been applied.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
Citizens are free to travel at home and abroad, emigrate, and return.
Because of overcrowding, the Government discourages migration into the
capital island of Male' or its surrounding atoll. There were no reports
of forced expulsion of those having a valid claim to refugee status.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens' ability to change their government is constrained, as a strong
executive exerts significant influence over both the legislature and the
judiciary. The Majlis chooses a single presidential nominee who must be
a Sunni Muslim male. The candidate is not permitted to campaign for the
nomination and is confirmed or rejected by secret ballot in a nationwide
referendum. In 1993 President Gayoom was reelected to a fourth 5-year
term.
The elected members of the Majlis serve 5-year terms. All citizens over
21 years of age may vote. Of the body's 48 members, 40 are elected--2
from each of the 19 inhabited atolls and 2 from Male'--and the President
appoints 8 members. Individuals or groups are free to approach members
of the Majlis with grievances or opinions on proposed legislation, and
any member may introduce legislation.
The office of the President is the most powerful political institution.
The Constitution gives Islamic law preeminence over civil law and
designates the President as the protector of Islam. The President's
authority to appoint one-sixth of the Majlis members, which is one-third
of the total needed for nominating the President, provides the President
with a power base and strong political leverage.
Relations between the Government and Majlis have been constructive. The
Government may introduce legislation, but may not enact a bill into law
without the Majlis' approval. However, the Majlis may enact legislation
into law without presidential assent if the President fails to act on
the proposal within 30 days or if a bill is repassed with a two-thirds
majority. In recent years, the Majlis has become increasingly
independent, rejecting 8 government bills since 1990 and sending 28
bills to committee for review.
In 1993 the Majlis introduced a question time in which members may
question government ministers about public policy. Debate on the floor
has since become increasingly sharp and more open. The last Majlis
election was held in December 1994. According to South Asian
Association for Regional Cooperation observers, the elections were
generally free and fair. Irregularities were observed and repolling
required in one of 29 constituencies. Over 200 candidates campaigned
freely for 40 seats.
Women are not eligible to become president but may hold other government
posts. For reasons of tradition and culture, few women seek or are
selected for public office. In 1994 two women served in the Majlis and
one in the Cabinet.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
There are no active local human rights groups. The Government has been
responsive to at least one foreign government's interest in examining
human rights issues. The Government also facilitated the visit of a
team of South Asian Association for Regional Cooperation election
observers in 1994.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language or Social Status
The Constitution declares all Maldivians equal before the law. Women,
however, have traditionally been disadvantaged in Maldivian society,
particularly in terms of education and the application of Islamic law to
matters such as divorce, inheritance and testimony in legal proceedings.
Women
There are no firm data on the extent of violence against women because
of the value attached to privacy in this conservative society. Police
officials report that they receive few complaints of assaults against
women. Maldivian women's rights advocates agree that wife beating and
other forms of violence are not widespread. Rape and other violent
crimes against women are rare.
Women traditionally have played a subordinate role in society, although
they now participate in public life in growing numbers and gradually at
higher levels. Well-educated women maintain that cultural norms, not
the law, inhibit women's education and career choices. In many
instances, education for girls is curtailed after the seventh grade,
largely because parents do not allow girls to leave their home island
for one having a secondary school. Due largely to orthodox Islamic
training, there is a strong strain of conservative sentiment--especially
among small businessmen and residents of the outer islands--which
opposes an active role for women outside the home.
Under Islamic practice, husbands may divorce their wives more easily
than vice versa, absent any mutual agreement to divorce. Islamic law
also governs inheritance, granting male heirs twice the share of female
heirs. A woman's testimony is equal to only one-half of that of a man
in matters involving finance and inheritance (see Section 1.e.). Women
who work for wages receive pay equal to that of men in the same
positions. About 10 per cent of uniformed NSS personnel are women.
Children
The Government does not have a program of compulsory education. The
Government is committed to protection of children's rights and welfare.
Government policy provides for equal access to educational and health
programs for both male and female children. Laws protecting children's
rights apply with equal force to children of either sex.
Children's rights are incorporated into law, which specifically protects
children from both physical and psychological abuse, including at the
hands of teachers or parents. The Ministry of Home Affairs has the
authority to enforce this law, takes its responsibility seriously, and
has received strong popular support for its efforts. There is no
reported pattern of abuse against children.
People with Disabilities
There is no law that specifically addresses the rights of the physically
or mentally disabled. However, the Government has established programs
and provided services for the disabled. There is no legislated or
mandated accessibility for the disabled.
Section 6 Worker Rights
a. The Right of Association
While the Government does not expressly prohibit unions, it recognizes
neither the right to form them nor the right to strike. There were no
reports of efforts to either form unions or to strike this year.
The work force consists of approximately 57,000 persons, about 20 per
cent of whom are employed in fishing. About 17,000 foreigners work in
Maldives. Many are from Sri Lanka and India and work in resort hotels
so that Maldivian nationals may avoid serving liquor. Many factory
workers are also foreign laborers; others are engaged in construction
projects. The great majority of workers are employed outside the wage
sector. The Government estimates that the manufacturing sector employs
about 15 per cent of the labor force and tourism another 10 per cent.
In 1995 the U.S. Government suspended Maldives' eligibility for tariff
preferences under the U.S. Generalized System of Preferences because the
Government failed to take steps to afford internationally recognized
worker rights to Maldivian workers.
b. The Right to Organize and Bargain Collectively
The law neither prohibits nor protects workers' rights to organize and
bargain collectively. Wages in the private sector are set by contract
between employers and employees and are usually based on the rates for
similar work in the public sector. There are no laws specifically
prohibiting antiunion discrimination by employers against union members
or organizers. The Government has exerted pressure in the past to
discourage seamen from joining foreign seamen's unions as a means to
secure higher wages. During the year there were no reported complaints
alleging such discrimination. In addition, there were no reports of
government interference with workers' attempts to join unions.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is not prohibited by law. However, there
were no reports that it is practiced.
d. Minimum Age for Employment of Children
There is no compulsory education law. A 1992 law bars children under 14
years of age from "places of waged works and from work that is not
suitable for that child's age, health, or physical ability or that might
obstruct the education or adversely affect the mentality or behavior of
the child." An earlier law prohibits government employment of children
under the age of 16. There are no reports of children being employed in
the small industrial sector, although children do work in family
fishing, agricultural, and commercial activities. The hours of work of
young workers are not specifically limited by statute.
e. Acceptable Conditions of Work
In 1994 the Government promulgated its first set of regulations for
employer-employee relations. The regulations specify the terms that
must be incorporated into employment contracts and address such issues
as training, work hours, safety, remuneration, leave, fines,
termination, etc. There is no national minimum wage for the private
sector, although the Government has established wage floors for certain
kinds of work. Given the severe shortage of labor, employers must offer
competitive pay and conditions to attract skilled workers.
There are no statutory provisions for hours of work, but the regulations
require that a work contact specify the normal work and overtime hours
on a weekly or monthly basis. In the public sector, a 6-hour day and a
6-day workweek have been established through administrative circulars
from the President's office. Overtime pay for working more than 6 hours
a day was instituted in the public sector in 1990. Employees are
authorized 20 days of annual leave, 30 days of medical leave, maternity
leave of 45 days, and special annual leave of 10 days for extraordinary
circumstances. There are no laws governing health and safety
conditions; however, there are regulatory requirements that employers
provide a safe working environment and ensure the observance of safety
measures.
(###)
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